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Philippine
position on Bajo de Masinloc (Scarborough Shoal) and the waters
within
its vicinity
April 18, 2012
Department of Foreign Affairs
April 18, 2012
BACKGROUND ON THE BAJO DE MASINLOC (PANATAG) INCIDENT
Bajo de Masinloc is an integral part of the Philippine territory. It is part of
the Municipality of Masinloc, Province of Zambales. It is located 124
nautical miles west of Zambales and is within the 200 nautical-mile
Exclusive Economic Zone (EEZ) and Philippine Continental Shelf.
A Philippine Navy Surveillance aircraft monitored eight Chinese fishing
vessels anchored inside the Bajo de Masinloc (Panatag Shoal) on Sunday,
April 8, 2012, in the conduct of its maritime patrols and its enforcement of
the Philippine Fisheries Code and marine environment laws. On April 10,
2012, the BRP Gregorio del Pilar, in accordance with the established Rules
of Engagement, dispatched an inspection team that reported that large
amounts of illegally collected corals, giant clams, and live sharks were
found in the compartments of these fishing vessels.
The actions of the Chinese fishing vessels are a serious violation of the
Philippines sovereignty and maritime jurisdiction. The poaching of
endangered marine resources is in violation of the Fisheries Code and the
Convention on International Trade in Endangered Species of Wild Flora and
Fauna (CITES).
WATERS
BASIS
OFWITHIN
PHILIPPINE
ITS VICINITY
SOVEREIGNTY OVER BAJO DE MASINLOC AND THE
Bajo de Masinloc (Scarborough Shoal) is not an island. Bajo de Masinloc is
also not part of theSpratlys.
Bajo de Masinloc (Scarborough Shoal) is a ring-shaped coral reef, which
has several rocksencircling a lagoon. About five of these rocks
are above water during high tide. Of these five rocks, some are about 3
meters high above water. The rest of the rocks and reefs are below
water during high tide.
Bajo de Masinlocs (Scarborough Shoal) chain of reefs and rocks is
about 124 NM from the nearest coast of Luzon and approximately 472
NM from the nearest coast of China. Bajo de Masinloc is located
approximately along latitude 1508N and longitude 11745E. The
rocks of Bajo de Masinloc are situated north of the Spratlys.
Obviously,
therefore,
the rocks of
Bajo
de
Masinloc
is
also within the 200-NM EEZ and 200-NM continental shelf (CS) of the
Philippines.
A distinction has to be made between the rock features of Bajo de
Masinloc and the larger body of water and continental shelf where the
said geological features are situated. The rights ornature of rights of
the Philippines over the rock features of Bajo de Masinloc
are different from that which it exercises over the larger body of water
and continental shelf.
The
Philippines
exercises full
sovereignty and jurisdiction over
the rocks of
Bajo
de
Masinloc,
and sovereign
rights over
the waters and continental shelf where the said rock features of Bajo
de Masinloc are situated.
The basis of Philippine sovereignty and jurisdiction over the rock
features of Bajo de Masinloc isdistinct from that of its sovereign rights
over the larger body of water and continental shelf.
A. The rock features of Bajo de Masinloc: Basis of Philippine
sovereignty under Public International Law
The rock features of Bajo de Masinloc are Philippine territories.
The basis of Philippine sovereignty and jurisdiction over the rock features
of Bajo de Masinloc is not premised on the cession by Spain of the
Philippine archipelago to the United States under the Treaty of Paris. The
matter that the rock features of Bajo de Masinloc are not included or within
the limits of the Treaty of Paris as alleged by China is therefore immaterial
and of no consequence.
Philippine sovereignty and jurisdiction over the rocks of Bajo de Masinloc is
likewise not premised on proximity or the fact that the rocks are within its
200-NM EEZ or CS under the UN Convention on the Law of the Sea
(UNCLOS). Although the Philippines necessarily exercise sovereign rights
over its EEZ and CS, nonetheless, the reason why the rock features of Bajo
de Masinloc are Philippine territories is anchored on other principles of
public international law.
As decided in a number of cases by international courts or tribunals, most
notably the Palmas Island Case, a modality for acquiring territorial
ownership over a piece of real estate is effective exercise of
jurisdiction. Indeed, in that particular case, sovereignty over the Palmas
Island wasadjudged in favor of the Netherlands on the basis of effective
exercise of jurisdiction, although the said island may have
been historically discovered by Spain and historically ceded to the
U.S. in the Treaty of Paris.
In the case of Bajo de Masinloc, the Philippines has exercised
both effective occupation andeffective jurisdiction over Bajo de
Masinloc since its independence.
The name Bajo de Masinloc (translated as under Masinloc) itself
identifies the shoal as a particular political subdivision of the Philippine
province of Zambales, known as Masinloc.
One of the earliest known and most accurate maps of the area, named
Carta Hydrographical y Chorographica De Las Yslas Filipinas by Fr. Pedro
Murillo Velarde, SJ, and published in 1734, included Bajo de Masinloc as
part of Zambales.
The name Bajo de Masinloc was a name given to the shoal by the Spanish
colonizers. In 1792, another map drawn by the Alejandro Malaspina
expedition and published in 1808 in Madrid, Spain, also showed Bajo de
Masinloc as part of Philippine territory. This map showed the route of the
Masinloc:
Basis
of
CURRENT SITUATION
The Philippines is committed to the process of consultations with China
toward a peaceful and diplomatic solution to the situation.
This illicit activity has also undermined the work of the Philippine
government as a member of the Coral Triangle Initiative.
As the DFA works toward a diplomatic solution, the Philippine Coast Guard
is present in the area and is continuing to enforce relevant Philippine laws.
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